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HomeMy WebLinkAbout458053 MAX R - PURCHASE ORDER - 9147182PO PURCHASE ORDER 914718er Page City, of PURCHASE 9147182 1 of z ' `t Collins lins This number must appear V ` on all invoices, packing sli i and labels. Date: 12/05/2014 Vendor: 458053 MAX R W248 N5499 EXECUTIVE DR SUSSEX Wl53089 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 12/05/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Blue -Round 55 Gal Recycle Stat PER ESTIMATE #70928 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 1 LOT LS 29,693.40 Total $29,693.40 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon strict Performance of the terms and conditions hater, failure or delay to Internal Revenue, Denver, Colorado (Ref. Calcoma Revised Sutures 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or paymem for grads hereunder or approval ordic design, shall not release the Seller of Goods Released. GOODS REJECTED due to failure to men specifications, either what shipped or due to defects of any of the warranties or Obligations of this purchase order and shall not be deemed a waiver of any right of the damage in Orion, may be, returned to you for aede and ate not to he replaced except upon receipt of wrinen purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions firm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puaponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terns Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hauler. Final Acceptance. Receipt of the merchandise, sank. or tyuip rat in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorial Payment em the part Of the City of Full Collins. However, it is to be undmtood that FINAL Seller and the Paranoia recognize that in areal economic practice, overchougm resulting from moment ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations am in fact home by the Purchases. Thactafoul, for good cause and as consideration for executing this purchase order, the Sella hereby assigns to the Purchaser my and all claims it may now have or Instance Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fell Collins, CO 80522, unless ocquired under federal Or state sediment laws for such ovacharges relating to hie particular goods or services otherwise spa fled on this orda. Upermission is given to prepay freight and change repaaely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. A ki u mal charges for picking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufamms have disuibming points in an. pans of the country, shipment is Ifthe Purcnoier directs the Seller to correct nonconforming or defective good by a date to bet agreed upon by the expected from the nearest distribution point to destination, and excess freight will be, dedumed from Invoice when Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may rouse the work to be performed by the most expeditious mare available to it, and the Sella shall Pay all costs associated with such work. Pemtits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, Javitory or political subdivision where The Seller shall release the Purchases and its comrmdom of any tier Room all liability and claims of any mature the work is perf.meed, or required by any other duly considered public authority having jurivtiction ova the work resulting from the perfomtas a of such work. of vendor Sella farther agrees to hold the City of Fort Collins barnless fmm and against all liability and loss incional by Wem by ream. of an awned or established violation of any such laws, regulations, ore inaness, mles This sclowe shall apply even in rate event of fault of negligence of the party released and shall extend to the and requirenant. diacusts, dicers and employees .(such paty. Am orizatire All parties m this contract agree Char the reprexnmtivo ere, in four, bow fide and possess full and complete authority to that said panics LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fah and any supplementary or additional terms and conditions annexed haem or incorporated herein by reference. Any additional or different Jams and conditions proposed by seller ate objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT portability if you mount make complete shipment m urrise on your promised delivery, date as noted Time is of Be esseu<. Delivery it par monsince mar be eft ted within the time stated an the pmehose other end der d..0 coached hereto. No acs of the Purchasers including, without limitation, acttpmnce of partial late deliveries, shall operate as a waiver of this prevision. In the event artery delay, the Purchaser shall have, in addition 1. other legal and equiable remedies, the option of placing this order elsewhere and holding Be Sella liable for damages. However, the Sella shall rat be liable for damages as a result of delays due m causes not reasonably foreseeable which are beyond is mosrnable control and without its fault of rngligatec, such acts of God, acts armed or military authorities, gosvmmc ust priorities, f s. strikes, flood, epidemic, wars or riot provided that notice of the con liMns causing such delay is given to the Purchaser within five (5) days of the time whin the Sella fast received knowledge themt In the event of my such delay, the dam of delivery shall he extended for the period equal to the acme wtedly lost by.. i fthe delay. 3. WARRANTY. The Seller warrants slat all goad, mattes, mataiaR and work covered by this order will conform with applicable drawings, specifimtiors. sample mNor other descriptions givat, will be fit fa the puryosea intended, and performed with the highest degree of eve and compemrree in ancordmce with incepted standard Jar work of . similar nature. The Sella agrees to hold the purchaser harmless form any loss, damage Or experts, which the Pumhuer nay surface bunion oucount of the Sellers breach crematory. The Sella shall replace, repair or rake good, without rose to the percbaer, my defect or faults arising within one (1) year or Within such longer period of time u may be, prescribed by law or by the terms of my applicable warunty provided by hie Seller after hie date of a saxpmatt of the good Perished hereunder (mcepmmree not W be umessonably delayed), resulting fmm imperfect or defective work done or materials fumisbed by the Sella. Accepance a use of goad by the wmhase shall not coustimte a waiver of any claim coda this wmranty. Except as ethernet provided in this purchase order, Be Sellers liability hereunder shall extend to all damages rose incite ly mused by the breech of my of the foregoing warranties or gmam der,, but such liability shall in no event include,1. efpro fit or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal It. by wrinat change order 5. CHANGES M COMMERCIAL TERMS. The Purchase may make any changa to hie terra, Mar than legal teat, including additions m or deletions floor the quantitiu originally ordered in the specifications or drawings, by verbal or written change order. I any such change aftts the amount due or the time OfpM tmanee Immander, an attainable ndjustment shall be made. 6. TERFBNATIONS. The Purchaser may an my time by wrown change order, terminate this agreement as to my or all portions of the goods then not shipped, subject to my ecluimbk adjustment hehaxen the parties as rat my work or materids darn in pmgrws provided that the Purcham shall not be liable far my claims for anticipated proms oa the uncompleted portion of the good —&a, work, for incidental or ens er,cratial damage, and tied an such adjustment be made in favor of the Sella with respect to any goods which One the Sellers satdard stock. No such temeination shall relieve the Pumhaser or the Seller army of Weir obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he restated within dim, (30) days from the dte the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Bad all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Wws and regulations to which the goods are subject The Sella shall execute and deliver such documents as may be, mlowd to effect or evidence compliance. All laws and regulations required m be incorporated in agreements of this character ere hereby incorporated herein by this reference. The Sella agrees to indemnify and bold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party, shall assign, maufet or convey this order, or my monies due or to become due hereunder without the prior women consent offs, other parry. 10. TITLE. The Seller warrants full, clmr and unresmiesed ride to the Purchaser for all equipmatt materials, and items furnished in performance of this agreement, free and clear of any and all liem, restrictions, reservations, security interest encumbrances and claims of others. The Seller's contactual obligations, including warrmry, shall root be, deemed to be reduced, in my way, because, such work is performed or caused to he performed by the Practicer. 14. PATENTS. Whenever dm Seller is r mmal to use any design, device, material or process covered by letter, patent, trademark or copyright, tM Seller shall indemnify and save harmless the Purchaser from my mad all claims fat infringement by season of the use of such parented design, device, reaerial or Proaas in connection with the contract, and shall indemnify the Purchaser for my cost expense or damage which it may be obliged to pay by reason ofmch infringement at any line during the prosecution or afar the completion of the work. In c m said equipmes, or any Pan thereof or the intended com of the grads, is in such suit held to constitute infringement and the use of said cquipmem Or pan is enjoined, the Sella shall, at Its own expense and at Its option, eiher procure for the Purchaser the right to continue using said rquipmeat or parts, replace the mate with substantially equal but wninfringing expatiated, or modify it an it become nrninfringing. 15. INSOLVENCY. If Be, Sella shall homm, insolvmd or Wnkmpt, make an assignment foe the benefil of creditors, appoint a mccira or trusts for any of the Sellers properry or business, This odor may foMwith he canreled by the Purchssa without liability. 16. GOVERNING LAW. The definitions of.. used.r the interpretation ofdrc agreement and the rights ofall parries hereunder shall be crnstred under and gormoed by The lass of dre Seem of Colorado, USA. The following Ahhteonal Conditions apply only In cues where the Selle it to perform work laminates, including the services ofSeil. R orsmative(s), on the premises of.dars. 19. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sell&. own risk.61 the same is fully completed and acceptd, and shall, in case of my accident, denotation or injury to the work saddler masands before Seller's final completion and acceptance, complete the work at Stiles own expense and m the satisfaction of the Purchaser. When noomak and ex, ipmmr sec famished by others fat installation or erection by Be Salle, the Sella shill mciva, unload. store and handle same err Out site and become responsible therefor as dmugh such nuteri tis motor equipment were being famished by the Sella ands hie order. 18. INSURANCE. The Sella shall, am has own expense, Provide for the payment .f workers compensation, including occupational discase Extent, to its employees employed on or in connection with the work covered by this purchase order, motor to their dependent in accordance with Be laws of the sate in which the work is ter be done. The Sella shall also wry comprehensive general liability including, but not limited W. contractual and automobile public liability immremce with bodily injury and death timiB of at leant 53W,Wo for my one pawn, S500,000 for any me occident and properly damage limit Per accident of S400,04ID. The Sella shall likewise regdre his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his connectors employees shall do nny work upon the premises cretinism the Seller shall famish the Purchaser with a canncade than such compensation and insurance have ban provided. Such cenifictes shall specify the dam ohm each oMem lion and insurance have been provided. Such certificates shall specify fhe date when such comperandion and insurance expires. The Sella agree that such compensation and imurmcc shall be mainaived until after the entire walk is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby comma Be emir raponsibility and liability for my and all damage, loss m injury artery kind or nature whdvol to parsons or progeny mused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and Mid Mrmless the Purchaser and my or all of the Purchasers officers, agents and employers from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Persons or property to which the Pumbacer may be put Or subject by reason of any act, action, neglect, omission or default on the Pan of the Seller, any of his antmelors, or any of the Sellers or communist officers, agent Or employees. In case my suit Or Other proceedings shall bo brought against the Pumham, or its dicers, agents or employees at any time on account or by reason Of my at, action, neglect omission or default of the Sella of my of has contractors or my of its or their officers, agents or employees as aforesaid, 0, Sella hereby agrees, to ..me the defense thandf and to defend the same at the Sellers; own expense, to pay any and all cost, charge, attorney, fees and other expenses, any and all judgment that may b , incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in cam judgment or other lien be placed upon or obtained against the property of the Purchaser. Or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or odeswise. The Sella and his contractors shall take all vfety precautions, famish and install all guards necessary, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursumt themo. Revised OM014